41-1828.02. Certified peace officers; hiring reimbursement; definition

A. A law enforcement agency in this state or a city, town, county or political subdivision of this state that employs a peace officer and that pays the costs of the peace officer's certification and training under section 41-1822 may seek reimbursement for the costs of the law enforcement officer's certification and training from a hiring law enforcement agency.  The hiring law enforcement agency shall reimburse all of the costs related to the peace officer's certification and training, including travel, housing and salary during the training, as follows:

1. One hundred percent of all costs, if the certified peace officer leaves the original law enforcement agency within twelve months after employment.

2. Seventy-five percent of all costs, if the certified peace officer leaves the original law enforcement agency after twelve months and not more than twenty-four months after employment.

3. Fifty percent of all costs, if the certified peace officer leaves the original law enforcement agency after twenty-four months and not more than thirty-six months after employment.

B. The original law enforcement agency may waive reimbursement for a certified peace officer who voluntarily leaves employment and who is subsequently employed by the hiring law enforcement agency for any reason.  Employee hardship and extenuating family circumstances shall be considered presumptive reasons for reimbursement waivers.

C. The hiring law enforcement agency may not require a certified peace officer to assume responsibility for repaying the peace officer's certification costs or any other related costs in an effort to be reimbursed pursuant to this section.

D. When making employment decisions, a hiring law enforcement agency may not consider whether the hiring law enforcement agency will be required to make reimbursement for certification and training costs pursuant to this section if a particular applicant is employed.

E. The original law enforcement agency shall submit an itemized statement to the certified peace officer's hiring law enforcement agency for payment and may enforce collection of any obligation through civil remedies and procedures.

F. A law enforcement agency shall include an explanation of the hiring reimbursement requirements prescribed by this section in the employment documentation provided to a certified peace officer during the law enforcement agency's hiring process.

G. This section does not apply to an employee who leaves the original law enforcement agency and is not employed as a certified peace officer for one year or more and is subsequently hired by a hiring law enforcement agency.

H. For the purposes of this section, "hiring law enforcement agency" means a law enforcement agency in this state or a city, town, county or political subdivision of this state that does both of the following:

1. Subsequently hires a certified peace officer after the certified peace officer voluntarily leaves the employment of the law enforcement agency that paid the peace officer's costs of certification.

2. Hired the officer as a certified peace officer.